Cybercrimes by Dr. Samir Alia

Electronic crimes in the new law number 81/2018 and comparison (Freedom of electronic communication and criminal and penal rules) author: Samir Alia classification: legal informatics year of issuance: 2020 ISBN: 9786144013557 table of contents content of the book introduction preliminary chapter: freedom of electronic communication via the internet requirement one: the nature of electronic communication first: the international and national legitimacy for the freedom of electronic communication second: the meaning of the freedom of electronic communication and its distinction from traditional third: the freedom of electronic communication is not absolute, and it stops at the limits and rights of others requirement two: the internet as a tool for electronic communication first: the definition of the internet second: advantages of the internet third: services provided by the internet part one: criminal rules for electronic crimes preface and division chapter one: legal regulation of electronic crimes first: the Lebanese law position on electronic crimes first: the pre-law stage of the electronic transactions law number 81/2018 second: the regulation stage for electronic publishing and electronic crimes a - features of law number 81/2018 for electronic transactions b - criticisms of law number 81/2018 c - determining the criminal part of law number 81/2018 second section: the criminal legitimacy of electronic crimes first: electronic crimes are subject to the principle of legality, requiring a legal text on them second: sources of criminalization, penalties, and oversight of their validity third: interpretation of texts of electronic crimes third: the scope of law application on electronic crimes requirement one: the temporal scope of the text in electronic crimes first: the rule of non-retroactivity of new criminal texts second: the retroactive effect of the more favorable text as an exception requirement two: the geographical scope of law application on electronic crimes first: the principle of territorial jurisdiction of criminal law second: the personal jurisdiction of criminal law (the principle of territoriality) third: the principle of personal jurisdiction of criminal law fourth: the principle of comprehensive or global jurisdiction of criminal law chapter two: the nature of electronic crimes and their types first: the nature of electronic crimes branch one: the concept of electronic crime first: definition of electronic crime second: general characteristics of electronic crime branch two: the general pillars of electronic crime first: the complete material element of electronic crime a - elements of the complete material element of electronic crime 1 - criminal behavior in electronic crime 2 - criminal result in electronic crime 3 - causal link between behavior and result in harmful crimes b - elements of the incomplete material element in electronic crime (attempt or attempt) second: the moral element of electronic crime a - criminal intent in electronic crimes b - unintended error in electronic crimes c - the position of the moral element in electronic crimes branch three: criminal responsibility in electronic crimes first: definition of criminal responsibility second: conditions for establishing criminal responsibility generally third: forms of contribution to the crime (criminal participation) a - forms of contribution to the crime generally b - forms of contribution in electronic crime 1 - responsibility of electronic communication service intermediaries (1/1) - responsibility of the delivery service provider (1/2) - responsibility of the data host (hosting contractor) (1/3) - responsibility of the data owner (the stored data owner) 2 - the criminal responsibility of the internet user for hiding objects resulting from a felony or misdemeanor branch four: general penalties for electronic crimes first: penalties for electronic crimes and their circumstances a - penalties for electronic crimes 1 - imprisonment penalties 2 - financial penalties - fines - confiscation of personal items as an additional penalty b - circumstances affecting the penalty 1 - aggravating circumstances for the penalty 2 - mitigating circumstances for the penalty and suspension of execution second: precautionary measures a - nature of precautionary measures b - types of precautionary measures 1 - confiscation of tangible items as a mandatory measure 2 - security guarantee 3 - closing the establishment (project) 4 - suspension of the legal entity or its dissolution (final suspension of services and sites) second chapter: types of electronic crimes preface type one: newly developed electronic crimes requirement one: unlawful processing of personal (name) data branch one: processing personal data without permission or license (Article 106/1) branch two: collecting personal data without controls (Article 106/2) branch three: unlawful disclosure of personal data (Article 106/3) branch four: refusal to respond to access and correction requests (Article 107) requirement two: crimes related to systems and informational data branch one: unauthorized access to an informational system or staying in it: the content of the text first paragraph: simple unauthorized access to an informational system or staying in it second paragraph: intensified access or staying in the system branch two: assault on the integrity of the informational system branch three: tampering with the integrity of digital data branch four: obstructing access to the service or disabling it branch five: dealing with equipment dedicated to electronic crime requirement three: counterfeiting and forging of bank cards, electronic and digital money, and electronic and digital checks branch one: counterfeiting and forging a bank card branch two: using or trading a counterfeit or forged bank card branch three: accepting money with a forged or counterfeit bank card knowingly branch four: counterfeiting electronic and digital money branch five: using counterfeit or digital money branch six: counterfeiting an electronic or digital check branch seven: using a forged or digital electronic check requirement four: violating e-commerce rules requirement five: publishing via electronic means (electronic media) preface first: the content of the text second: the legislator did not specify types of electronic publishing crimes, which is considered a reference to the general law requirement six: the crime of electronic forgery first: the nature and justification of the crime second: the elements of the crime requirement seven: exploiting minors in obscene materials branch one: exploiting a minor in obscene acts branch two: crimes of producing and capturing obscene materials type two: traditional crimes committed via the internet preface requirement one: inciting strife via the internet requirement two: terrorism crimes via the internet (cyber terrorism) requirement three: electronic media crimes branch one: the nature of electronic media crimes (first): definition of electronic media crime (second): characteristics of electronic media crimes (a) - difference between electronic media crimes and computer crimes (b) - difference between electronic media crimes and visual and audio media crimes (c) - crimes committed through electronic media with a continuous nature, unlike visual and audio media crimes (d) - electronic media crimes with an international character (e) - crimes of media devoid of political character branch two: general pillars of electronic media crimes first paragraph: the condition of publicity in media crimes second paragraph: the material element of media crimes third paragraph: the moral element in media crimes requirement four: crimes of defamation, slander, and contempt via the internet branch one: defamation crime via the internet (defamation) branch two: slander crime via the internet (slander) branch three: contempt of employees and public authority figures via the internet first: contempt of employees second: contempt of public authority figures requirement five: the crimes of murder and harassment via the internet first: murder crimes via the internet second: harassment crimes via the internet requirement six: crimes of assault on property branch one: the extent to which money indicates information, programs, and machine service (the precondition: electronic money) first: the traditional position of the concept of money second: the modern concept of electronic money (first): the program as a subject in property crimes (second): information as a subject in property crimes (third): machine service being paid and its embezzlement embezzlement branch two: forms of electronic criminal behavior in property crimes first: form of electronic criminal behavior in theft second: form of electronic criminal behavior in fraud (scam) third: form of electronic criminal behavior in the appendices of fraud (what is considered fraud) fourth: form of electronic criminal behavior in breach of trust requirement seven: money laundering via the internet part two: procedural rules for electronic crimes preface and division chapter one: competent judiciary and jurisdiction rules first: the competent national judiciary for electronic crimes second: internal jurisdiction in electronic crimes (first): its definition (second): the mandatory nature of jurisdiction rules (third): types of internal criminal jurisdiction (a) - personal criminal jurisdiction (b) - specialized criminal jurisdiction (c) - local criminal jurisdiction chapter two: evidence in electronic crimes first: the nature of evidence by electronic proof (first): the nature of criminal evidence generally (second): the importance of digital or electronic evidence in technical proof (a) - concept of digital or electronic evidence (b) - technical characteristics of electronic evidence second: methods of evidence in electronic crimes (first): their distinction from traditional methods (second): enumeration of evidence methods in electronic crimes (a) - written evidence (official records) (b) - expertise (c) - confession (d) - testimony (e) - judicial clues third: tasks of law enforcement in electronic crimes preface first: assigning crime investigation to law enforcement (first): dedicating a bureau for cybercrimes (second): the difference between law enforcement and administrative police (third): the procedural legitimacy of law enforcement and the military intelligence directorate and the information office (fourth): functions of law enforcement (a) - investigating crimes and collecting information about them (b) - ensuring the legality of law enforcement methods (c) - organizing a report of law enforcement activities second: tasks of law enforcement in normal circumstances and in the witnessed electronic crime first: tasks of law enforcement in normal circumstances of electronic crime (first): receiving complaints and reports (a) - traditional method of receiving complaints and reports (b) - receiving complaints and reports in electronic crimes (second): collecting information (a) - luring the offender via the internet (b) - electronic monitoring (authorized eavesdropping) (third): moving to inspection and conducting technical research and precautionary rules (a) - moving to inspection (b) - conducting research and securing evidence (fourth): hearing the suspect witnesses (fifth): temporary detention of the suspect by a decision of the prosecution and informing him of his rights (sixth): what is outside the tasks of law enforcement (seventh): submitting reports to the public prosecution immediately after the law enforcement task is completed second: tasks of law enforcement in the witnessed electronic crime (first): defining the witnessed crime (second): cases of witnessed crime and their conditions (third): authorized powers in witnessed crime (a) - rules of arrest, search, and seizure in witnessed criminal crimes (1) - rules of arrest (detention) (1/1) - traditional arrest (1/2) - mechanism for tracking the suspect in internet crimes for arrest (2) - house search of the suspect or his private place (2/1) - rules of traditional search (2/2) - rules of electronic search (3) - seizing electronic evidence and data (3/2) - electronic seizure rules (3/3) - conducting and preserving digital evidence (b) - authorized powers of law enforcement in witnessed misdemeanors chapter four: stopping and blocking electronic services and sites first: final suspension of electronic services second: temporary suspension of electronic services and sites appendix